Bosnia and Herzegovina

Criminal Code of Bosnia and Herzegovina

SPECIAL PART

XIX C H A P T E R N I N E T E E N
CRIMINAL OFFENCES OF CORRUPTION AND CRIMINAL OFFENCES AGAINST OFFICIAL DUTY OR
OTHER RESPONSIBLE DUTY

Accepting Gifts and Other Forms of Benefits
Article 217

(1) An official or responsible person in the institutions of Bosnia and Herzegovina including also a foreign official person or an international official, who demands or accepts a gift or any other benefit or who accepts a promise of a gift or a benefit in order to perform within the scope of his official powers an act, which ought not to be performed by him, or for the omission of an act, which ought to be performed by him,
shall be punished by imprisonment for a term between one and ten years.
(2) An official or responsible person in the institutions of Bosnia and Herzegovina including also a foreign official person or an international official, who demands or accepts a gift or any other benefit or who accepts a promise of a gift or a benefit in order to perform within the scope of his official powers an act, which ought to be performed by him, or for the omission of an act, which ought not to be performed by him,
shall be punished by imprisonment for a term between six months and five years.
(3) The punishment referred to in paragraph 1 of this Article shall be imposed on an official or responsible person in the institutions of Bosnia and Herzegovina including also a foreign official person or an international official, who demands or accepts a gift or any other benefit following the performance or omission of an official act referred to in paragraphs 1 and 2 of this Article and in relation to it.
(4) The gifts or any other benefits shall be forfeited.


Giving Gifts and Other Forms of Benefits
Article 218

(1) Whoever gives or promises a gift or any other benefit to an official or responsible person in the institutions of Bosnia and Herzegovina including also a foreign official person or an international official, in order that he performs within the scope of his official powers of an act, which ought not to be performed by him, or abstains from performing of an act which ought to be performed by him, or whoever mediates in such bribing of the official or responsible person,
shall be punished by imprisonment for a term between six months and five years.
(2) Whoever gives or promises a gift or any other benefit to an official or responsible person in the institutions of Bosnia and Herzegovina including also a foreign official person or an international official, in order that he performs within the scope of his official powers an act, which ought to be performed by him, or abstains from performing of an act, which ought not be performed by him,
shall be punished by a fine or imprisonment for a term not exceeding three years.
(3) The perpetrator of the criminal offence referred to in paragraph 1 and 2 of this Article who had given a bribe on request of the official or responsible person in the institutions of Bosnia and Herzegovina including also a foreign official person or an international official, but reported the deed before it being discovered or before knowing that the deed has been discovered,
may be released from punishment.
(4) The gifts or any other benefits shall be forfeited, while in case referred to in paragraph 3 of this Article, they can be returned to the giver.

Keywords

Offences against administration of justice
National penalties - offences against the administration of justice



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